Economic & Financial Crimes Defense in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012 in state court and in federal court in the Southern District of Florida. Our office answers 24 hours a day.

For insurance, health care, identity theft, and credit card cases, see Fraud & Financial Crimes Defense.

Money Laundering

Money laundering means moving money in a way meant to hide that it came from a crime, or to promote more crime.

• Florida. Florida's money laundering law grades the crime by the total of the transactions in any 12-month period: a third-degree felony above $300 and under $20,000, a second-degree felony from $20,000 to under $100,000, and a first-degree felony at $100,000 or more.
• Federal. The main federal laundering statute carries up to 20 years in prison and a fine of up to $500,000 or twice the value involved, whichever is greater. A separate federal law makes it a crime to knowingly do a transaction of more than $10,000 in criminally derived property, punishable by up to 10 years.

These cases usually turn on knowledge: what the person knew about where the money came from.

Structuring Cash Deposits

Structuring is breaking up cash transactions to avoid the reports banks must file with the federal government. It is a crime by itself, even if the cash came from a legitimate business. The basic federal penalty is up to 5 years; it rises to up to 10 years when combined with another federal crime or part of a pattern of illegal activity over $100,000 in 12 months. Florida has its own structuring law with the same $20,000 and $100,000 grading as its money laundering law.

Many people who structure don't know it's illegal. That matters, and it is often the heart of the defense.

Securities Fraud and Investment Schemes

Investment fraud cases include Ponzi schemes, misleading pitches to investors, and hiding material facts in the sale of securities or investments.

• Florida. Florida's securities law makes it unlawful to use a scheme to defraud, untrue statements, or misleading omissions in connection with investment advice or the offer, sale, or purchase of an investment or security. A violation is a third-degree felony, and a first-degree felony when more than $50,000 in total is obtained from five or more people.
• Federal. Securities cases are also brought by federal prosecutors, often alongside wire fraud charges, and the SEC may bring a civil case at the same time.

Tax Evasion and Tax Fraud

• Federal tax evasion (willfully attempting to evade a tax) carries up to 5 years and a fine of up to $100,000 ($500,000 for a corporation), plus costs of prosecution.
• Filing a false return (signing a return you don't believe is true and correct in every material matter) carries up to 3 years and the same fine limits.
• Florida sales tax and Department of Revenue cases. Businesses that collect sales tax and don't pay it over to the state can face criminal charges as well as civil assessments.

Tax cases are often about willfulness: whether the person knew the law and chose to break it, versus mistakes, bad advice, or bad records.

Bank Fraud, Wire Fraud, and Mail Fraud

• Bank fraud carries up to 30 years and a $1,000,000 fine.
• Wire fraud and mail fraud each carry up to 20 years, and up to 30 years when the scheme affects a financial institution or involves disaster or emergency benefits.

Because almost every modern transaction uses a wire, an email, or the mail, these charges show up in nearly every federal economic case.

RICO and Conspiracy, in Brief

Prosecutors use RICO (racketeering) and conspiracy charges to tie many people and many acts into one case. A federal RICO conviction carries up to 20 years (or life, if a predicate act carries life) and forfeiture of interests and proceeds. Conspiracy cases can hold a person responsible for the acts of others, which makes the scope of the agreement a key battleground.

Asset Forfeiture and Frozen Accounts

The government can seize bank accounts, cash, cars, real estate, and businesses that it claims are tied to a crime, sometimes before any charges are filed. Federal law allows both civil forfeiture and criminal forfeiture as part of a sentence. Deadlines to contest a seizure can be short, so call a lawyer as soon as an account is frozen or property is taken.

Frozen accounts also affect bond. When the government questions where bond money came from, you may face a source-of-funds (Nebbia) hold. See Bond & Nebbia Hearings.

Target Letters, Subpoenas, and Grand Juries

• A target letter means federal prosecutors consider you a likely defendant. It is often your best chance to change the outcome before an indictment.
• A grand jury subpoena may ask for documents or testimony. How you respond, and whether you testify, are decisions for a lawyer.
• A search warrant at your home or business means the investigation is well along. Don't obstruct agents, don't answer questions, and call us.

Who Investigates

Economic cases can involve IRS Criminal Investigation (IRS-CI), the FBI, Homeland Security Investigations, the Secret Service, the SEC, the Florida Department of Law Enforcement (FDLE), the Florida Office of Financial Regulation, and the Florida Department of Revenue. Several agencies often work together.

Parallel Civil and Criminal Cases

The SEC or the IRS may pursue a civil case at the same time as a criminal investigation. What you say or produce in the civil case can be used in the criminal one. Your defense in both must be coordinated from the start.

Cooperation and Sentencing

In federal court, sentencing usually starts with the U.S. Sentencing Guidelines. In economic cases, the loss amount drives much of the calculation, along with the number of victims, the person's role, and other factors. A bigger loss figure can raise the range sharply, so fighting the loss number is often the most important sentencing work.

Cooperation with the government is sometimes an option, but it is a serious, irreversible decision with real risks. It should only be considered with a lawyer who has carefully assessed your exposure and your options.

Why Call a Lawyer Before You Talk to Agents

Agents often show up unannounced, friendly and polite, saying they just want to clear things up. Anything you say can be used against you, and lying to a federal agent is a separate crime. You can politely decline to talk and ask for their card. Let us make the call.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012 in state and federal court.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

Frequently Asked Questions

I got a target letter. What should I do?

Don't contact the prosecutor or agents yourself. Call a lawyer right away; the period before indictment is often when the most can be done.

Can the government freeze my accounts before I'm charged?

It can seize property it claims is tied to a crime, sometimes before charges. Deadlines to fight it can be short.

Is structuring illegal if the money is clean?

Yes. Structuring to avoid federal reporting is a crime by itself. But knowledge and purpose matter, and they are often contested.

Should I talk to the SEC or the IRS?

Not without a lawyer. Civil and criminal cases can run in parallel, and statements in one can be used in the other.

Should I cooperate?

Only after a lawyer has reviewed the evidence and your exposure. It's one of the most important decisions in a federal case.

How fast can you help?

Our office answers 24 hours a day. Call (305) 209-0384.